Bohol Board Member Niño Rey Boniel (left) and his wife, Mayor Gisela Bendong-Boniel
CEBU CITY — A local court has dismissed the charges filed against seven policemen accused of illegally arresting and detaining two of the nine suspects in the slaying of Mayor Gisela Boniel of Bien Unido town in Bohol province.
In her decision, Judge Joy Angelica Santos-Doctor, of the Municipal Circuit Trial Court of Trinidad-San Miguel-Bien Unido said there was no proof that the police officers had a deliberate intent to violate the law in arresting Lobo Boniel and Brian Sayson.
Performing duties
“The acts by which they were arrested, as per their complaints, failed to show a clear intent to violate the law or a flagrant disregard of established rules. Hence, they are presumed to have regularly performed their duties as arresting officers,” she said in a ruling dated Feb. 23 but was released to the parties on Wednesday.
Although the names of Lobo and Sayson were not indicated in the arrest warrant served by the police, the court said they were among those investigated by authorities in relation to Boniel’s death.
While the Supreme Court ruled that warrants must indicate the names of those to be arrested, Doctor said the law exempted law enforcers who were able to identify the persons alluded to as “John Does” in the complaint.
Good faith
“The accused in the instant case believed in good faith that the warrants of arrest that they were serving included Lobo Boniel and Brian Sayson, since as per their investigation, these persons were their principal suspects,” Doctor said.
She said the policemen knew Lobo and Sayson since they investigated Boniel’s slay. “The police officers had a lawful purpose in detaining the accused. There can be no arbitrary detention since the last element of such a crime, that the detention was done without legal purpose, is lacking,” she said.
Although they were released from police custody, Lobo and Sayson are facing a murder complaint at the Lapu-Lapu City prosecutor’s office in relation to Boniel’s death.
‘Sleepless nights’
Senior Supt. Jonathan Cabal, former chief of the Regional Intelligence Division, welcomed the dismissal of the case which he considered was meant to harass them.
“The arrest done on our policemen, as well as the financial burden of raising money for bail, really gave me anxieties and sleepless nights. I felt responsible for the anguish suffered by the families of those policemen who were charged with me,” he said in a text message to the Inquirer.
Aside from Cabal, also impleaded in the case were SPO1 Alexander Garcia, PO3 Angelo Avenido, PO3 Virgilio Otara, PO3 Lloyd Garcia, PO1 Frederick Enriquez, PO1 Emmanuel Pagalan, and PO3 Ally Bornillo.
Dumped at sea
The policemen investigated the killing of Boniel, whose body was reportedly thrown into the sea between Cebu and Bohol provinces on June 7 last year. Her remains had not been recovered.
Boniel’s husband, Bohol Board Member Niño Rey Boniel, was tagged as the principal suspect. Charged with Niño were his cousin Riolito Boniel, driver Randel Lupas, Restituto Magoncia Jr., and Wilfredo Hoylar, who were all detained.
Also implicated in the mayor’s killing were Hoylar’s son, Wilson, and Allan delos Reyes Jr., both of whom had yet to be arrested.